Rajasthan High Court - Jodhpur
Vimla Devi vs State Of Raj on 26 September, 2012
Bench: Govind Mathur, R.S. Chauhan
1
D.B. CIVIL PAROLE WRIT PETITION NO. 8913/2012
Vimla Devi
Vs
State of Rajasthan
DATE OF ORDER :: 26.9.2012
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE R.S. CHAUHAN
Mr. Kalu Ram Bhati, for the petitioner/s.
Mr. KR Bishnoi, Addl. Government Advocate.
...
Learned Additional Sessions Judge (Fast Track) No.1, Bhilwara by the judgment dated 24.8.2006 convicted Shri Ghanshyam Das for the offence punishable under Section 302/34 IPC and sentenced to undergo life term imprisonment with a fine of Rs.2000/-.
An appeal against the judgment aforesaid is pending consideration before this Court. Shri Ghanshyam Das has already served sentence for a period of 06 years, 02 months & 26 days including jail remission for a period of 01 year, 04 months & 24 days as on 11.9.2012. He availed 20 days first regular parole in accordance with the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'the Rules of 1958' hereinafter).
On being entitled to avail second regular parole for a term of 30 days, he submitted an application to the competent 2 authority and that was considered by the District Parole Advisory Committee, Bhilwara on 21.8.2012. The committee after considering the material available on record allowed 30 days parole, but before release of the convict-prisoner, the same was cancelled on 11.9.2012 in view of the Government of Rajasthan circular dated 30.8.2012 issued in pursuant to Division Bench Judgment of Jaipur Bench of this Court in D.B. Civil Writ (Parole) Petition No.2138/2011 (Umesh Kumar Singh @ Munna Singh Vs. State of Rajasthan & Ors.). In the case aforesaid, it was held that the powers to grant parole cannot be exercised in administrative side if any appeal giving challenge to the conviction is pending before the High Court.
On cancellation of second regular parole, Smt. Vimla Devi wife of convict-prisoner Shri Ghanshyam Das sent a letter to the Hon'ble Chief Justice of this Court, which treated as a petition claiming parole.
We have considered all the facts of the case including that the District Parole Advisory Committee after taking into consideration the conduct of the convict-prisoner and also remarks made by the District Magistrate, Bhilwara and District Probation Officer, Bhilwara granted him 30 days regular parole, we deem it appropriate to accept this petition with a direction to the respondents to release the convict-prisoner Shri Ghanshyam 3 Das, who is presently lodged at Central Jail, Ajmer on parole for a period of 30 days from the date of his actual release in accordance with the Rules of 1958. The competent authority is required to pass necessary order granting second regular parole to the convict-prisoner expeditiously as far as possible on or before 15.10.2012. A copy of this order be sent to the convict- prisoner Shri Ghanshyam Das through Superintendent, Central Jail, Ajmer.
[R.S. CHAUHAN], J. [GOVIND MATHUR], J. RM/-